MARRIAGE UNDER HINDU LAW

INTRODUCTION

Marriage is one of important social institution which approved socially relationship between man and women that bind them into permanent, as a spouse. Marriage establishes socially obligation over the spouse’s relation such as wife under obligation to live with her husband under a roof and husband is responsible to provide his wife’s maintenance during her life time or till the marriage relation exist between spouses.

Marriage, according to Hindu Marriage law, is a holy sanskar (Sacrament). The maxim “conjunctic martitet perminae est de nature” means that to keep husband and wife together is law of nature and maxim “ virot unor consentur in lege una pensona” means that husband and wife are consider one in law. Marriage has many type and solemnised in different way with accordance to different culture, custums, norms and values but according to Hindu marriage law, the two Hindu practice is compulsory when it’s come to Hindu marriage ceremony first is KANYADAN (formal donation of the bride by her father) and SATPADI (taking seven step by bride and bridegroom before the sacred fire).

The Hindu marriage bill was passed by both the house of parliament received the assent of the president on 18th may 1955. It came on the statute book as THE HINDU MARRIAGE, ACT 1955 (25 OF 1955) (Came into force on 18 may 1955). This act was also including as part of Hindu Code Bill such as Hindu Succession Act 1956, The Hindu Minority & Guardianship Act 1956, and The Hindu Adoption & Maintenance Act 1956.

APPLICABILITY

The Hindu Marriage Act, 1955 applicable to any person who is a Hindu or by any it forms

and to any person who is a Buddhist, Jaina or Sikh by religion

and to any person who domicile or habitat in territories to which this act extends who is not Muslim, Christian, Parse or Jew by religion.

 VALID, VOID & VOIDABLE MARRIAGE

Valid marriage: A marriage may be, solemnized between any two Hindus, if the following essential condition are fulfilled given under section 5 of Hindu marriage act –

Neither party has living spouse at the time of the marriage,

Neither party is incapable of giving a valid consent to it or in consequences of unsoundness of mind,  incapable of giving valid consent, has been suffering from any mental disorder of such kind or to such extent as to be unfit for marriage or procreation of children, has been subject tom recurrent attack of insanity,

The bridegroom has completed that age of twenty one and the bride has completed the age of eighteen year, at the time of marriage.

 The parties are not within the prohibition relationship and sapindas of each other unless the custom governing and permit the relation of marriage within the such relationship between two Hindu.

Void Marriage:  under section 11, a marriage, solemnized shall be null and void, on petition filed by either of spouse on contravene the condition such as given under section 5, such as

Parties within the degree of prohibition relation or sapindas each other,

Any of spouses is insane or suffering from unsoundness of mind or suffering from recurrent attack of insanity, violation of age of majority, and bigamy.

 According section 18, whoever contravenes the essential condition of valid marriage mentioned under section 5 shall be punishable with rigorous or simple imprisonment or with fine or with both.

Void marriage shall be null ab initio and no need or requirement even the decree of court to declare marriage void; (Leela vs Lakshmi)

Voidable marriage: Under section 12, A marriage, solemnized shall be declare voidable by court, on petition filed by either of spouse on contravene the condition such as given under section 5, such as

Any of spouses is insane or suffering from unsoundness of mind or suffering from recurrent attack of insanity, suffering from mental disorder as such an extent as to be unfit for marriage and procreation of children.

Any of the parties has renounced by world.

Respondent is impotent or unable to engage in sexual intercourse because of inability.

At the time of marriage, consent of the petitioner and consent of guardian in marriage of petitioner obtained by force or misrepresentation.

At the time of marriage, respondent was pregnant by some other person than the petitioner.

DISSOLVE MARRIAGE

Marriage can be dissolving by under section 11, has been mentioned void and under section 12 has been mention voidable marriage; both void and voidable marriage have been described above.

Divorce: under section 13, any marriage solemnized, whether after or before commencement of this act, marriage can be dissolve on the ground of divorce, on either petition file by husband or wife.  Marriage can be dissolve by the decree of divorce on the Ground mentioned below:

‘Adultery’ any of the spouse established voluntary sexual intercourse with the person other than his or her spouse.

‘Cruelty’ respondent treated petitioner with cruelty after the marriage.

‘Deserted’ respondent desert petitioner not less than two year.

‘Conversion’ any of the spouse has ceased to be Hindu and conversion into another religion.

‘Unsound mind’ respondent has been incurable unsoundness of  mind, or suffering from any  mental disorder as such petitioner has reason not to live with respondent such as respondent suffer  recurrent attack of insanity.

‘Venereal disease’ the disease is sexual transmit disease and respondent deliberately transfer the disease during sexual intercourse.

‘Civil Death’ any of the spouses has renounced by world or becoming hermit.

 Any of the party has not been heard about his or her spouse being alive for a period of seven year or official declared the death of petitioner.

Divorce by Mutual consent: Under Section 13(B), after solemnised marriage, Mutual divorce is convenient provision for dissolving the marriage, on the ground living separate for a period of one year where both the party have examined their relation that not being able to live together.

JUDICIAL SEPERATION AND CONJUGAL RIGHT

Restitution of Conjugal Rights: Under section 9 mention Conjugal Rights which means ‘right to stay together’, when any of the spouse withdrawn from the society of another spouse and  without any reasonable excuse or ground then petitioner may filed to the district court for restitution of conjugal right. If the reasonable ground found through the proceeding then conjugal right shall not be granted.

Judicial separation: It is prior step which passed before the decree of divorce. Where a decree of judicial separation would be passed, shall no longer obligation remain for the respondent to cohabit with petitioner. Judicial separation grant by the decree of court on ground mention under sub section 1 of section 13. If there is no longer cohabitation between the parties within a year from the date passing judicial separation under section 10 of Hindu marriage act. Then no longer shall cohabitation between parties become ground of divorce.

Sexual harassment may be defined as a behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation and may lead to safety or health related problems.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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